Attachment 3. Chemical Toilets at Special EventsCITY OF C HANHASSE N
Chanhassen is a Community for Life -Providing for Today and Planning for Tomorrow
TO: Planning Commission
FROM: MacKenzie Walters, Assistant Planner
DATE: February 7, 2016
SUBJECT: Temporary Satellites (Portable Toilets)
Proposed Motion:
I9-Zo,
"The Chanhassen Planning Commission recommends that the City Council adopt the attached
ordinance amending Chapter 20 of the Chanhassen City Code, concerning portable toilets."
On August 16, 2016 staff presented an issue paper to the Planning Commission informing them
that portable toilets where subject to an unwarranted level of scrutiny under the existing
provisions of the City's Zoning Ordinance. The Planning Commission directed staff to draft an
ordinance to make allowing and placing portable toilets part of the temporary events permitting
process.
On July 25, 2016 staff presented an issue paper to the City Council informing them that portable
toilets where subject to an unwarranted level of scrutiny under the existing provisions of the
City's Zoning Ordinance. The City Council directed staff to draft an ordinance to make allowing
and placing portable toilets part of the temporary events permitting process.
Sec. 20-917 of the City Code requires council approval for the use of temporary satellites
(portable toilets) during events and places a hard limit of 48 hours upon the period of time that an
event can utilize portable toilets. All other aspects of a temporary event permit are handled
administratively by the appropriate departments as specified in Sec. 20-964.
Currently the only role that the Plan Commission and City Council play in the temporary event
permit approval process is serving to resolve any disputes between the Planning Director and
applicant regarding interpretations of City Code Sec. 20-964, which governs temporary event
permits, and approving the placement of portable toilets.
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Planning Commission
City Code Amendments — Portable Toilets
February 7, 2017
Page 2 of 3
ANALYSIS
There are currently two different sections of the City Code which govern the placement of
portable toilets. Sec 20-917 prohibits portable toilets except those in construction sites, those on
parkland being used in conjunction with park events, and, with council approval, those being
used for less than 48 hours for a permitted special event. Beyond the 48-hour clause there are no
criteria applied to guide decisions on whether or not approve the use of portable satellites. The
lack of criteria could lead to inconstancies in decisions relating to these requests or make it
difficult for the council to justify denying undesirable uses. Additionally, adding an extra layer of
approval to temporary event permits involving portable satellites can present challenges to
meeting the city's goal of processing all temporary event permit applications within the 10 -day
period recommended by the City Code. It is also possible that assessing the merits of proposed
portable toilets may not be the most efficient use of the City Council's time.
In contrast, Sec. 20-266 governs the placement of portable toilets on recreational beach lots and
lists numerous criteria which they need to meet in order to be approved. Some, although not all,
of these conditions could also be relevant to portable toilets of a more temporary nature, such as
those at construction sites or events. It should be noted that Sec. 20-266(g) places the issuing of
an annual license for these facilities with the city's Planning Department.
These ordinances demonstrate that the city's intent has been to balance the need for portable
toilets with safety and minimizing the sensory impact that they have on our community.
Establishing clear criteria derived from Sec. 20-266 for the portable toilets governed by Sec. 20-
917 could strengthen the city's ability to accomplish this goal.
The city currently places responsibility for evaluating and approving temporary event permit
applications with the Community Development Director and governs the criteria by which the
events and their various components should be approved through Sec. 20-964. The ordinance has
numerous general provisions on the requirements relating to temporary structures,
documentation, site operation, and clearance which could easily be construed to govern portable
toilets associated with the event; however, the City Code places jurisdiction over the approval of
portable toilets outside of the approval and monitoring process for temporary events.
ALTERNATIVES
1) Do nothing. The vast majority of temporary events don't require portable toilets, and the
larger ones that do usually apply far enough in advance that the council's biweekly
meeting schedule does not create logistical hurtles.
2) Draft Criteria for the council to use in approving or rejecting the use of portable toilets in
conjunction with temporary events and modify the hard limit of 48 hours to instead
correspond with the end of the event. A sentence clarifying minimum standards for the
portable toilets still covered by 20-917 should also be added.
Planning Commission
City Code Amendments — Portable Toilets
February 7, 2017
Page 3 of 3
3) Strike the sentence referring to temporary events from 20-917 and amend 20-964 to make
the evaluation of portable toilets part of the temporary event application. A sentence
clarifying minimum standards for the temporary satellites still covered by 20-917 should
be added.
RECOMMENDATION
Option three is the most likely to allow for the effective and efficient approval and management
of portable toilets associated with temporary events. The potential amendment to the City Code
could read as follows:
Sec. 20-917. - Tempefary saWlites Chemical Toilets (portable toilets).
SeAell;tes (pet4abl e toilets) Chemical toilets are permitted only on a temporary basis on
construction sites, or on city -owned parkland in conjunction with city park functions, or as
part of an outdoor sale or event approved under Sec. 20-964. These chemical toilets must
be models designed to minimize the potential for spilling, and those associated with
construction sites must be removed within 24 hours of the completion of construction
activities. Use of temsatellitese«t..l.le te;lets) for speeial events shall require eetffieil
approapproval and shall e..tead ne longer A..... a A 4 he..« A
val ».......... ......... ..... ..b.. ...�.... w T.� aavw�vr-cow
Language clarifying how portable toilets are to be treated within Sec 20-964 will be included as
part of the upcoming rewrite of the city's special event code.
ATTACHMENTS
1. Text of existing code addressing portable toilets
2. Draft of Ordinance
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Attachment 1
Text of Relevant Code:
Sec. 20-266. - Recreational beach lots.
(17) Portable chemical toilets may be allowed as a condition of approval of a recreational
beach lot. The maintenance and use of chemical toilets on some beach lots may be
unsuitable because they cannot be adequately screened from residential neighbors or lake
users. Any use of chemical toilets on recreation beach lots shall be subject to the
following:
a. The minimum setback from the ordinary high water mark shall be 75 feet. Side and
front yard setbacks shall be maximized to achieve maximum screening from
adjacent lots and the lake.
b. It may only be used Memorial Day to Labor Day and shall be removed from the lot
during the rest of the year.
c. It shall be securely anchored to the ground to prevent tipping.
d. It shall be screened from the lake and residential property with landscaping.
e. It shall be serviced at least weekly.
f. Only models designed to minimize the potential for spilling may be used.
g. Receipt of an annual license from the city's planning department. The license shall be
issued unless the conditions of approval of this ordinance have been violated. All
license applications shall be accompanied by the following information:
1. Name, address, and phone number of applicants.
2. Site plan showing proposed location of chemical toilets.
3. Name, address, and phone number of chemical toilet supplier.
4. Plan for commercially maintaining the chemical toilet, including a copy of any
agreement for maintenance, and the name, address, and phone number of
person responsible for maintenance.
5. A written description of how the applicant intends to screen the portable
chemical toilet from all views into the property, including views from the lake.
Sec. 20-917. - Temporary satellites (portable toilets).
Satellites (portable toilets) are permitted only on a temporary basis on construction sites or
on city -owned parkland in conjunction with city park functions. Use of temporary satellites
(portable toilets) for special events require council approval and shall extend no longer than a 48-
hour period.
Sec. 20-964. - Temporary outdoor events, seasonal and sidewalk sales activities.
(1) Purpose. Temporary outdoor events, seasonal and sidewalk sales activities in a business,
office, commercial, institutional or industrial districts are subject to issuance of an
administrative permit and the requirements of this section. It is the intent of this section to
provide for temporary outdoor events, seasonal and sidewalk sales activities which are
distinguished from permanent outside business activities that are allowed only by conditional
use permit or interim use permit approved by the city council. It is the intent of this section to
promote the health, safety, general welfare, aesthetics, and image of the community by
Appendix — Port -a -Potty
July 7, 2016
Page 2 of 5
regulating temporary outdoor events, seasonal and sidewalk sales activities in the following
manner:
a. Establish standards which permit businesses an opportunity to conduct temporary
outdoor sales:
i. Ensure that temporary outdoor events, seasonal and sidewalk sales activities do
not create safety hazards by occupying required parking spaces, emergency access,
or impede the efficient movement of pedestrian and vehicular traffic.
b. Provide standards, guidelines, and procedures for an administrative review of
temporary outdoor events, seasonal and sidewalk sales permits;
c. Provide a means of allowing city-wide retail promotions;
d. Allow certain uses which are seasonal in nature, while providing standards that will
assure compatibility with the underlying zoning district and adjacent property;
e. Provide the public with direct access to homegrown produce;
f. Allow temporary events, seasonal and sidewalk sales activities which require an
outdoor location;
g. Limit temporary outdoor sales to activities which are short-term or seasonal and which
do not require permanent improvements to the site; and
h. Allow temporary outdoor events such as concerts, car shows, customer appreciation,
business employee appreciation, etc.
(2) Findings. The city finds it necessary for the promotion and preservation of the public
health, safety, welfare and aesthetics of the community that the location, size, and appearance
of temporary outdoor events, seasonal and sidewalk sales activities be controlled. Further, the
city finds that:
a. Outdoor sales and displays have a direct impact on and a relationship to the image of
the community;
b. An opportunity for merchants to sell produce and seasonal merchandise are an integral
component of economic development;
c. Temporary outdoor events, seasonal or sidewalk sales activities may present an
obstacle to effective firefighting and other emergency services by blocking necessary
exits, fire lanes, or turnaround areas;
d. Uncontrolled and unlimited outdoor sales and displays adversely impact the image and
aesthetics of the community and, thereby, undermine economic value and growth; and
e. Uncontrolled temporary outdoor events, seasonal and sidewalk sales activities may
conflict with existing and neighboring uses.
(3) Application for permit. No person shall engage in any temporary outdoor event, seasonal
or sidewalk sales activity without a permit issued pursuant to this section. The application of a
permit shall be made as follows:
a. Application for an administrative permit for a temporary outdoor event, seasonal, or
sidewalk sales activity shall be made by the property owner to the community
development director on forms to be provided by the city at least ten business days prior
to the date of the requested activity.
b. A written description of the proposed use including requested length of permit and
hours of operation shall be included on the application.
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Appendix — Port -a -Potty
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c. Disputes as to administrative application of the requirements of this section shall be
referred to the planning commission and to the city council for review.
d. The application shall be accompanied by a nonrefundable fee which shall be imposed
in accordance with the fee schedule established by the city council. The intent of this
section is to recover costs associated with administering the ordinance from which this
section derives. Permit fees shall reflect the costs of reviewing and processing permits, as
well as costs associated with periodic enforcement activities and compliance checks.
(4) Required information and plans. The applicant shall provide the following information and
plans:
a. A concise statement describing the proposed activity, including the purpose, type of
merchandise involved, dates and times of operation, number of employees involved,
provisions for on-site security, provisions for on-site parking, name of person or
organization requesting permit, and other pertinent information required by the planning
director to fully evaluate the application;
b. The community development director may require a copy of an approved site plan,
drawn to scale, for the property or an "as -built" survey, which accurately represents
existing conditions on the site, including entrances and exits, and bona fide parking and
driving areas, and which accurately indicates any proposed temporary structures,
including tents, stands, and signs;
c. An accurate floor plan of any building on the property, when, in the judgment of the
community development director, such a plan is necessary to properly evaluate the
location of the activity and the effectiveness of building entrances and exits.
(5) Procedure. The application will be processed as follows:
a. The community development director shall review applications for administrative
permits and shall determine if the proposal is in compliance with all applicable codes,
ordinances, and the specific standards for temporary outdoor events, seasonal or sidewalk
sales activities as set forth in this section. The application shall also be reviewed by the
public safety department and/or other appropriate review agencies.
b. A written permit shall be issued to the applicant. Specific conditions to assure
compliance with applicable codes, ordinances, and the standards in this section shall be
attached to the permit.
c. Determination of noncompliance with applicable codes, ordinances, and the standards
in this subsection shall be communicated to the applicant and the application for the
permit shall be considered denied; unless, within ten days of the date of such notice, the
applicant submits revised plans and/or information with which the planning director is
able to determine compliance.
(6) Criteria for approval. Criteria for permit approval includes the following:
a. The temporary outdoor event, seasonal or sidewalk sales activity shall be clearly
accessory to or promotive of the permitted or conditional use approved for the site. Only
merchandise which is normally sold or stocked by the occupant(s) on the subject
premises shall be sold and/or promoted; provided, that seasonal merchandise and produce
may be allowed (retail only where retail is permitted).
b. Tents, stands, and other similar temporary structures and temporary vehicles and
mobile equipment may be utilized, provided they are clearly identified on the submitted
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plan and provided that it is determined by the community development director that they
will not impair the parking capacity, emergency access, or the safe and efficient
movement of pedestrian and vehicular traffic on or off the site.
c. The submitted plan shall clearly demonstrate that adequate off-street parking for the
proposed activity can and will be provided for the duration of the activity. Determination
of compliance with this requirement shall be made by the planning director, who shall
consider the nature of the activity and the applicable parking requirements of the City
Code. Consideration shall be given to the parking needs and requirements of other
occupants in the case of multi -tenant buildings.
d. Property owners and tenants' signature(s) are required to locate a temporary outdoor
event, seasonal or sidewalk sales activity on private property and/or in front of another
tenant's space.
e. The temporary outdoor event, seasonal or sidewalk sales activity must be consistent
with other uses permitted in the zoning district. No use that is prohibited in a zoning
district shall be allowed as a temporary outdoor sale or activity.
(7) Limitations; general conditions.
a. Permitted temporary outdoor sales activities are limited to the following:
i. Christmas tree sales.
ii. Seasonal produce stands.
iii. Temporary food and beverage sales.
iv. Sidewalk sales.
b. The following shall apply to all proposed temporary outdoor event, seasonal or
sidewalk sales activities allowed by this section in addition to other applicable building
and safety code requirements as determined by the planning director:
i. Christmas tree sales and produce stands shall be for the period specified in the
administrative permit and, in no case, shall exceed 120 days per calendar year per
property or center. There shall be no more than three sales activities per year per
property or center.
ii. Temporary outdoor events and food and beverage sales prepared on-site and
sidewalk sales shall be permitted for the period specified in the administrative
permit and, in no case, shall exceed 15 days per calendar year per property or center
with a maximum of a three-day display period.
iii. Christmas tree sales shall expire December 26.
iv. The site shall be cleared and all remaining debris removed from the sales site on
the last remaining day of the permit.
v. Acceptable space for off-street parking and traffic circulation generated by the use
must be provided. Curb and gutter with drive approaches is desired to provide safe
turn movements.
vi. Lighting shall be compatible with surrounding adjacent uses.
vii. Hours of operation shall be compatible with adjacent uses.
viii. Signage should be limited to window signs, and one outdoor sign no greater
than 24 square feet. Special signage for purposes of traffic direction and control may
be authorized by the planning director.
ix. Front yard, side yard, and rear yard setbacks shall be a minimum of ten feet.
x. All other pertinent city and state permits must be obtained.
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xi. The approved permit shall be kept on the premises for the duration of the
activity.
xii. No outside speaker systems shall be allowed without approval from the city.
c. The following shall apply to all proposed temporary outdoor display activities allowed
by this section in addition to other applicable building and safety code requirements as
determined by the planning director:
i. Display may not interfere with pedestrian access.
ii. Display may not occupy required parking spaces.
iii. Display must be located adjacent to primary structure.
iv. Display may not have separate lighting from primary structure.
v. Erection of display is permitted during business hours only.
(8) Administration and enforcement.
a. The community development director may, upon written notice, suspend or revoke the
temporary outdoor event, seasonal, or sidewalk sales permit of any person who violates
any of the provisions of this section or any of the conditions of the permit.
b. If, at any time, a permit under the provisions of this section is suspended or revoked, it
shall thereafter be unlawful for that person or organization to operate, open, maintain,
manage or conduct any temporary outdoor event, seasonal, or sidewalk sales.
c. Violation of an issued permit or the provisions of this section may be grounds for
denial of future permit applications during a calendar year.
(Ord. No. 511, § 1, 10-11-10)
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. [insert number)
AN ORDINANCE AMENDING CHAPTER 20
CHANHASSEN CITY CODE, ZONING,
CONCERNING GENERAL SUPPLEMENTAL REGULATIONS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 20-917 of the Chanhassen City Code is amended to read as follows:
See. 20-917. - Chemical Toilets (portable toilets)
Chemical toilets are permitted only on a temporary basis on construction sites, on city -
owned parkland in conjunction with city park functions, or as part of an outdoor sale or event
approved under Sec. 20-964. These portable toilets must be models designed to minimize the
potential for spilling, and those associated with construction sites must be removed within 24
hours of the completion of construction activities.
Section2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this [insert date] by the City Council of the City of
Chanhassen, Minnesota
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
(Published in the Chanhassen Villager on [insert date])